Good Changes for State Workers

Workers who need to extend their short-term leave for medical or disability reasons often have few options. One worker for the Colorado Department of Transportation was still in the hospital when his employer sent a letter to his home that he never received. This letter stated he was approaching the deadline for short-term disability. Once he left the hospital and went back to work, his job was gone. His case was based on wrongful termination due to the leave he took because he has Parkinson’s disease.

Employers cannot discriminate against employees who have a disability. Even though over a year has passed, he is still fighting the uphill legal battle that many employees who experience discrimination are put through. Employers and even the state try to drag out the case over time and run up legal fees that many workers cannot afford. A new law hopes to lessen such unfair practices; preventing employers from continuously having the upper hand in discrimination cases is good in the eyes of some, but not all. One view is that legal fees help prevent workers who seek a lawsuit hoping for a quick payout. The focus of this new law is to make the process of filing a claim of discrimination more reasonable for the workers. High attorney fees can stop state employees from filing claims. This is unfair for employees who do not make high enough salaries that can support attorney fees that accumulate throughout the discrimination lawsuit. However, large employers may have few if any limits on their attorneys’ fees in such discrimination cases. After the passing of this new law, employees have a better chance of recouping attorney fees and seeking punitive and compensatory damages. Under the Missouri Human Rights Act, victims of discrimination, harassment and retaliation may be compensated with their attorney fees by a Court, if the Court rules discrimination, harassment or retaliation occurred.

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